Question

Which of the following is not of civil nature

• A. Right to take out procession
• B. Right to Worship in a temple
• C. Right to Caste and Religion
• D. All of the above

Hint:

For a suit to be of a civil nature, the primary dispute must be about a civil right (e.g., right to property, office, contract, worship). If the dispute is purely about religious rituals or caste status without any civil consequence, it is not a suit of a civil nature.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks to identify which of the given rights does not constitute a "suit of a civil nature" under Section 9 of the Code of Civil Procedure, 1908. A suit of civil nature is one where the principal question relates to the determination of a civil right.

Step 2: Detailed Explanation:
Section 9 of the CPC states that civil courts have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. The explanation to the section clarifies that a suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.
- (A) Right to take out procession: A suit to establish the right to take out a religious or non-religious procession is a suit of a civil nature.
- (B) Right to Worship in a temple: A suit to establish an individual's right to worship in a temple is a suit of a civil nature.
- (C) Right to Caste and Religion: A suit involving questions purely of religious rites or ceremonies, or questions of caste, is not a suit of a civil nature. For example, a suit to be declared the head of a particular caste, or a suit to enforce a religious ritual without any associated civil right (like property or office), is not maintainable in a civil court. The right to "caste and religion" itself is a very broad and abstract concept. Suits based on claims of dignity or social precedence related to caste are generally not entertained by civil courts.
Therefore, questions that are purely religious or caste-based, without a civil right attached, are not of a civil nature.

Step 3: Final Answer:
A suit purely for the "Right to Caste and Religion," without involving any civil right like property or office, is not considered a suit of a civil nature.